Austin Powder Company — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportatio Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety SEP 2 0 2006 Mr. Larry J. "Scooter" King Reference No. 06-0192 25800 Science Park Drive Austin Powder Company Cleveland, OH 44122 Dear Mr. King: This is in response to your August 21, 2006 e-mail, and September 7, 2006 telephone conversation with a member of my staff concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of pounds of "Ammonium nitrate, 5.1 (oxidizer), UN 1942, PG III" inside UN standard ammonium nitrate. According to your letter, your company has placed one million 13H1, 13H2, 13H3, or 13H4 woven plastic intermediate bulk containers (IBCs) that are of Washington awaiting shipment to Alaska before the vessel shipping lanes close at the flexible, sift-proof and water-resistant. You state the packages are at a dock in the State end of September. You ask if the IBCs, when loaded into a 20 to 40-foot metal cargo container as a combination packaging, would qualify as non-combustible inside packagings in a rigid packaging under § 176.415(b)(1) of the HMR. The answer is no. Section 176.415(b)(1) permits UN 1942 ammonium nitrate to be loaded or unloaded from a vessel at any waterfront facility without obtaining a permit a non-combustible inside packaging. Although the IBCs, both alone and in the from the Captain of the Port (COPT) if the ammonium nitrate is in a rigid packaging with combination packaging you describe, are authorized for transporting this material under § 173.240 of the HMR, and the HMR do not specifically define "non-combustible packaging," it is the opinion of this office that a plastic packaging is capable cf burning or igniting from a flammable ignition source and, therefore, does not qualify as a non- combustible inner packaging under § 176.415(b)(1). You may place this material in combination packagings with metal, glass, or earthenware inner packagings; comply with the U.S. Coast Guard (USCG) permit requirements; or apply for an emergency special may wish to contact Lieutenant Brett J. Thompson, USCG Sector Seattle, Facilities & permit under the HMR. For more information on the USCG permit requirements, you Containers Branch, (206) 217-6165. The procedures for submitting an application for an 173.415(6)0) 060192#

Page 2emergency special permit under the HMR are contained in § 107.117. Please note that in your application you must demonstrate the packaging scheme you are proposing will achieve a level of safety at least equal to that established by the current standard I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Regulations 2#

Page 3Edmonson INFOCNTR <PHMSA> $173.415(b). From: Sent: Scooter King [Scooter.King@austinpowder.com] Subject: To: INFOCNTR <PHMSA> Monday, August 21, 2006 3:08 PM UN 1942 in Specification IBC in Sea Container This e-mail to to request in writing an interpretation of whether Ammon: um Nitrate UN 1942 packaged in specification loaded into a metal cargo container meet the description of products described in 49 CFR 13H1, 13H2, 13H3, or 13H4 intermediate bulk containers and 173.415 (b) (1). Please respond in writing to: Attn: Larry J. King Austin Powder Company Cleveland, OH 44122 25800 Science Park Drive Scooter King 216-464-2305 - Fax 216-464-2400 - Office scooter.king@austinpowder.com This email is intended only for the use of the party to which it is addressed and may the intended recipient you are hereby notified that any dissemination, copying or contain information that is privileged, confidential, or protected by law. If you are not 'distribution of this email or its contents is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer.#